Family violence is a serious issue that affects many individuals and families across Texas. To protect victims and prevent further abuse, Texas law provides for the issuance of family violence protective orders to those who have experienced violence or threats from a family member or intimate partner.
What is a Family Violence Protective Order?
A family violence protective order is a civil court order that aims to protect victims of family violence by legally restricting the abuser’s actions. In some cases, the order can also include provisions for child support, custody arrangements, and other necessary protections.
Types of Protective Orders
In Texas, there are three main types of protective orders:
Temporary Ex Parte Protective Orders
These are short-term orders issued without the abuser being present in court. They provide immediate protection and are typically valid for up to 20 days, but can be extended if necessary.
Final Protective Orders
These orders are issued after a court hearing where both the victim and the abuser have the opportunity to present their case. Final protective orders can last up to two years, but in certain circumstances, they can be extended or granted for lengthier periods of time.
Magistrate’s Orders for Emergency Protection (MOEP)
These are issued by a magistrate following an arrest for family violence. MOEPs provide immediate protection and are usually valid for 31 to 61 days.
How to Obtain a Protective Order
To obtain a family violence protective order in Texas, the victim must file an application with the court. This can be done through the local county or district attorney’s office, a family violence shelter, or with the help of a private attorney. The application must include detailed information about the incidents of violence and the relationship between the victim and the abuser.
Once the application is filed, the court will schedule a hearing to determine whether a protective order is necessary. During the hearing, the victim must provide evidence of the abuse, such as police reports, medical records or witness testimony.
Legal Protections and Consequences
A family violence protective order can include a variety of provisions to ensure the victim’s safety. These may include:
- Prohibiting the abuser from committing further acts of violence or threats.
- Ordering the abuser to stay away from the victim’s home, workplace, or children’s school.
- Prohibiting the abuser from contacting or harassing the victim, either directly or through a third party.
- Requiring the abuser to surrender any firearms.
- Granting the victim temporary custody of children and establishing visitation arrangements.
- Ordering the abuser to pay child support or spousal support.
Violating a protective order is a criminal offense in Texas and can result in arrest, fines and imprisonment. Additionally, the violation can be used as evidence in future court proceedings, such as divorce or custody cases.
Support and Resources
Victims of family violence in Texas have access to various resources and support services. Local family violence shelters provide safe housing, counseling and legal assistance. The Texas Family Violence Legal Line offers free legal advice and referrals to victims seeking protective orders. Additionally, organizations such as Texas Legal Aid can provide valuable information and resources to help victims navigate the legal process. Victims can also contact a local family law attorney to assist them in filing and pursuing their application for protective order.
If you or someone you know is experiencing family violence, don’t hesitate to seek help and explore the legal options available in Texas.
